Source: All England Reporter
Publisher Citation: [2008] All ER (D) 306 (Jul)
Neutral Citation: [2008] EWHC 1664 (QB)
Court: Queen's Bench Division
Judge:

Teare J
Representation Henry Witcomb (instructed by Kingsley Napley) for the claimant.
  David Balcombe QC and Fiona Neale (instructed by Weightmans LLP) for the trust.
Judgment Dates: 18 July 2008

Catchwords

Negligence - Clinical negligence action - Case management - Claimant bringing action in clinical negligence against defendant NHS trust - Defendant admitting liability - Parties seeking permission to adduce expert evidence for trial on quantum - Master granting permission for defendant's expert only - Whether master in error.

The Case

Negligence Clinical negligence action. In the instant case, the decision by a High Court master to refuse permission to the claimant to call an expert to give evidence at a trial on a particular earnings index which could affect the amount that might be awarded under a 'Periodical Payments Order' was wrong. Permission was accordingly granted in respect of that matter. As for the master's decision to grant permission for the defendant's expert to give evidence at trial, it could not be said that the wrong principles had been applied, irrelevant matters had been taken into account, or relevant matters had not been taken into account. Accordingly, the master's order in relation to that matter was maintained.

Practice Areas

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